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Cybersecurity & Privacy
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March 12, 2024
OCC's Hsu Says 'Operational Resilience' Regs May Be Coming
The Office of the Comptroller of the Currency's acting chief, Michael Hsu, said Tuesday that federal regulators are looking at pursuing new rules to bolster larger banks' ability to withstand and recover from external and internal disruptions to their critical operations.
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March 12, 2024
Crypto Mixer Operator Found Guilty Of Money Laundering
A Washington, D.C., jury on Tuesday found the operator of crypto mixing service Bitcoin Fog guilty of facilitating tens of millions of dollars in transactions linked to illicit activities on darknet marketplaces.
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March 12, 2024
Retirees Seek Final OK On $8.7M Data Breach Settlement
Employer benefit plan members whose sensitive data was exposed in a massive breach at a consulting company have asked a Georgia federal judge to approve an $8.7 million agreement to resolve allegations the firm failed to protect their information.
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March 12, 2024
TransUnion Unit Pays $37M On Credit Card Data Misuse Claim
TransUnion's data unit Argus Information & Advisory Services will pay $37 million to the federal government to resolve allegations it violated the False Claims Act by allegedly misusing anonymized credit card data it obtained from banks under contracts with federal regulators over a decade-long period, the U.S. Department of Justice announced Tuesday.
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March 12, 2024
Apple To Allow Direct Downloads Of Apps In EU
Apple will start allowing developers to distribute apps directly from their websites in Europe, the latest in a string of changes by the tech giant as it comes into compliance with expansive new regulations under the Digital Markets Act.
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March 12, 2024
Ga. Judge Says Lin Wood Did Defame Ex-Colleagues
A Georgia federal judge handed a win to former colleagues of former attorney L. Lin Wood in their defamation suit on Tuesday, ruling that Wood falsely accused them of criminal extortion.
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March 12, 2024
Paul Weiss' Digital Tech Chair On AI's Promises And Perils
While generative artificial intelligence promises to increase access to justice and kill the billable hour, we don't know how to prevent it from unleashing misinformation and disinformation on the electorate, says Katherine Forrest, a former Manhattan federal judge who is now chair of Paul Weiss Rifkind Wharton & Garrison LLP's digital technology group.
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March 11, 2024
Biden Calls For More Cybersecurity Funding Across Agencies
The Biden administration on Monday pushed Congress to make significant monetary investments in efforts to bolster the federal government's cybersecurity posture, including by earmarking $13 billion to support initiatives across civilian agencies and devoting additional funding to help the U.S. Department of Health and Human Services combat a growing scourge of cyberattacks on healthcare providers.
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March 11, 2024
Amazon Prime Video-Viewing Data Sparks Privacy Fears
Amazon is accused of illegally disclosing a virtual "warehouse" of private customer data, including what movies subscribers watch on Prime, without letting consumers opt out, according to a proposed class action filed in Washington federal court.
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March 11, 2024
States Want Info On Google-Facebook Pact In Ad Tech Case
State-level enforcers accusing Google of monopolizing key digital ad technology are asking a Texas federal court to lift a stay on discovery for documents related to an agreement between Google and Facebook that allegedly tipped the scales of auctions in Facebook's favor to discourage use of other ad exchanges.
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March 11, 2024
Judge OKs Eye Care Tech Co.'s $8M DIP Request
A Texas bankruptcy judge on Monday approved optometry software company Eye Care Leaders Portfolio Holdings LLC's request to draw on the remainder of its $8 million in debtor-in-possession funds for its Chapter 11 case, saying the company had given good reason to believe it was poised for a rewarding auction.
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March 11, 2024
Senate Could Be Hurdle To House Plan For TikTok Limits
A bill to clamp down on TikTok that was unanimously approved by a House committee is expected to come to the House floor this week, but its fate in the U.S. Senate looks dicier.
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March 11, 2024
FCC Can't Make ISPs Pay Into Universal Fund Yet, Group Says
An affordable broadband advocacy nonprofit has told the Federal Communications Commission it doesn't need to promise broadband carriers that it will not make them pay into the Universal Service Fund if they are reclassified, because there are other steps the agency must take before it could start charging them anyway.
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March 11, 2024
DOD Expands Contractor Cybersecurity Info Sharing Program
The U.S. Department of Defense on Monday finalized a rule revising the criteria for defense contractors to participate in a voluntary program for sharing information on cybersecurity threats among themselves, saying it expects to attract thousands of new participants.
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March 11, 2024
US Appeals Corporate Transparency Act Ruling To 11th Circ.
The U.S. Department of the Treasury is moving quickly to appeal an Alabama federal judge's ruling that the Corporate Transparency Act is unconstitutional, filing a notice of appeal to the Eleventh Circuit on Monday.
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March 11, 2024
Covington Holdout Drops SEC Cyberattack Appeal
The anonymous Covington & Burling LLP client who objected to a demand that they reveal themselves to the U.S. Securities and Exchange Commission as a victim of a 2020 hack on the law firm agreed on Monday to drop the appeal of the subpoena enforcement action.
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March 11, 2024
Ex-K&L Gates Atty Wants Out Of Prison In Cyberstalking Case
A former K&L Gates LLP partner sentenced to two years in prison for cyberstalking and harassing his colleagues has moved for compassionate release seven months before his release date, citing his deteriorating health and poor living conditions behind bars.
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March 11, 2024
Steptoe Adds Dentons' Ex-Global Security Chief As Partner
Steptoe LLP has added a security and threat analysis expert who previously served as Dentons' global chief security officer as a partner in Washington, D.C., the firm announced Monday.
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March 08, 2024
Trump 'An Existential Threat' To Rule Of Law, Attys Warn
Former President Donald Trump represents an "existential threat" to democracy and the rule of law, legal experts said Friday at a conference on white collar crime in San Francisco.
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March 08, 2024
Visa, Mastercard's Standing Challenge Fails In Swipe Fee Case
A New York federal judge in a newly unsealed order rejected Visa and Mastercard's bid for summary judgment that claimed that merchants suing the card companies over allegedly anticompetitive conduct lack standing to do so under U.S. Supreme Court precedent.
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March 08, 2024
DOJ Eyes FCPA For New Whistleblower Rewards Program
U.S. Department of Justice officials on Friday signaled a renewed emphasis on fighting foreign corruption, saying its planned whistleblower rewards program should prove useful in Foreign Corrupt Practices Act cases against private companies, and warned companies against running afoul of new rules barring the sale of personal data to foreign adversaries of the U.S.
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March 08, 2024
Lawyers Ask To Drop Mich. Atty In Criminal Vote Tamper Case
Lawyers for a Michigan attorney accused of tampering with voting machines after the 2020 election told a state court Friday they could no longer represent her, one day after she was ordered to turn herself in for ignoring court orders.
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March 08, 2024
Consumers Fight Dismissal Bids In Microsoft And OpenAI Suit
Consumers who say their privacy was violated by Microsoft Corp. and OpenAI LP's products are urging California federal court not to dismiss their complaint, saying it clearly and in detail lays out the basis for their allegations.
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March 08, 2024
Experian Biased Jury In Credit Reporting Suit, 11th Circ. Told
An attorney for a Florida resident who sued Experian alleging it inaccurately reported a discharged mortgage in his credit history told the Eleventh Circuit on Friday that a lower court judge allowed the company to introduce improper evidence at trial, arguing it caused jurors to deliver an unfavorable verdict against her client.
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March 08, 2024
Microsoft Pushes AI As Weapon For Fighting Robocalls
Microsoft is continuing its push to convince the Federal Communications Commission that artificial intelligence can help in its effort to combat robocalls and texts, not just make the problem worse.
Expert Analysis
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FTC Warning Letters Note 5 Mistakes For Influencers To Avoid
The Federal Trade Commission recently sent warning letters to two trade associations and 12 health influencers over their social media posts, offering insight into how the agency plans to enforce its updated endorsement guides and highlighting five concerns to keep in mind for marketing campaigns, says Gonzalo Mon at Kelley Drye.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Cos. Must Adapt To Calif. Immigration Data Privacy Law
California’s recently signed A.B. 947 expands the California Consumer Privacy Act and brings the state in line with other comprehensive privacy laws that address immigration status, meaning companies should make any necessary updates to their processes and disclosures, say Kate Lucente and Matt Dhaiti at DLA Piper.
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How Legal Teams Can Prep For Life Sciences' Tech Revolution
The life sciences and health care industries are uniquely positioned to take advantage of new efficiencies created by cloud computing and generative artificial intelligence, but the sensitivity of their data also demands careful navigation of an expanding legislative and regulatory landscape, say Kristi Gedid, Zack Laplante and Lisa LaMotta at Ernst & Young.
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Key Takeaways From CFPB's Proposed Data-Sharing Rules
The Consumer Financial Protection Bureau's recently announced proposed rule for regulating personal financial data rights sheds light on the bureau's stance regarding practices like screen-scraping and may presage further activity that could involve more concrete enforcement actions, say attorneys at Wilson Sonsini.
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Transparency And Explainability Are Critical To AI Compliance
Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.
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Opinion
What 5th Circ. Uncrewed Aircraft Systems Ruling Got Wrong
The Fifth Circuit’s recent ruling in National Press Photographers Association v. McGraw threatens to dilute the First Amendment rights of photographers using uncrewed aircraft systems and undermine federal control of the airspace, and is indicative of how other courts may misinterpret the Federal Aviation Administration's new fact sheet down the line, say attorneys at Wiley Rein.
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Breaking Down The SEC's 2024 Examination Priorities
The U.S. Securities and Exchange Commission’s recently released examination priorities for the year ahead signal a steady course from prior years, but they also include some specific new concerns and important twists on perennial risk areas, say Kurt Gottschall and Kit Addleman at Haynes Boone.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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SolarWinds Ushers In New Era Of SEC Cyber Enforcement
The U.S. Securities and Exchange Commission's recent lawsuit against software company SolarWinds Corp. and its chief information security officer is the first time the SEC has ever filed suit over scienter-based fraud involving cybersecurity failures, illustrating that both companies and CISOs need to be extra cautious in how they describe their cybersecurity practices, say attorneys at Jenner & Block.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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A Look At Successful Bid Protests In FY 2023
Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.
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AI Isn't The Wild West, So Prepare Now For Bias Risks
In addition to President Joe Biden's recent historic executive order on safe, secure and trustworthy artificial intelligence, there are existing federal and state laws prohibiting fraud, defamation and even discrimination, so companies considering using or developing AI should take steps to minimize legal and business risks, says civil rights attorney Farhana Khera.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.